Bail

Question 1

Bail act 1976

Answer 1

Established bail

Question 2

s4 Bail Act 1976

Answer 2

there is a presumption that everyone should be granted bail.
Bail need not be granted if there are substantial grounds for believing that
the defendant, if released, would:
1. Fail to surrender to custody;
2. Commit an offence while on bail;
3. Interfere with witnesses or otherwise obstruct the course of justice
Legal Aid, Sentencing and Punishment of Offenders Act 2012
introduced a new exception:
4. Commit an offence against an “associated person” in a domestic
violence case

Question 3

S90 Legal Aid, Sentencing and Punishment of Offenders Act 2012

Answer 3

“No Real Prospect Test”
The courts’ power to refuse bail is restricted where it appears that
there is no real prospect that the defendant would receive a custodial
sentence if convicted

Question 4

s115 Coroners and Justice Act 2009

Answer 4

Only if the court is satisfied there is no significant risk that that
person would cause physical or mental harm to another person

Question 5

Police, Crime, Sentencing and Courts Act
2022

Answer 5

Presumption is in FAVOUR of bail,
However ,there are presumptions AGAINST bail.

Question 6

s37 Police and Criminal Evidence Act 1984

Answer 6

To a suspect released without charge on the condition that they return to the
police station on a specific date in the future.

Question 7

s38 Police and Criminal Evidence Act 1984

Answer 7

To a defendant who has been charged with an offence until their hearing at the
Magistrates court.

Question 8

s4 Criminal Justice Act 2003

Answer 8

‘The custody officer can refuse bail if the suspect’s name and address cannot be discovered,
or if there is doubt as to whether the name and address given are genuine.’
3. Police can grant “street bail” for minor offences, without the need to take them
to the police station.

Question 9

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Answer 9

Commit an offence against an “associated person” in a domestic violence case.

Question 10

s3 Bail Act 1976; Criminal
Justice and Public Order Act 1994.

Answer 10

Examples of conditions include:
✓ Curfew
✓ Electronic tag
✓ Sureties
✓ Surrendering passport
✓ Reporting regularly to the police station
✓ Residence at a bail hostel

Question 11

s4 of the Police and Criminal
Evidence Act 1984 (PACE)

Answer 11

PACE provides a legal framework for police powers and procedures, including those related to the granting of bail.
Street bail